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Senior Courts Act 2016

Senior court Judges - Acting Judges

111: Appointment of acting Judges of Supreme Court by Governor-General

You could also call this:

"The Governor-General can appoint temporary Supreme Court Judges with some conditions."

Illustration for Senior Courts Act 2016

The Governor-General can appoint acting Judges of the Supreme Court. You need to be advised by the Attorney-General to make this appointment. The person must be a retired Supreme Court Judge and under 75 years old. When you are appointed as an acting Judge, you can only work as authorised by the Chief Justice. The Chief Justice decides what work you can do, like hearing specific cases. They can only give you this authority if there is a vacancy or a Judge is unavailable. The Chief Justice must give a certificate to the Attorney-General to authorise you as an acting Judge, as stated in section 115. This is how you officially become an acting Judge. The Chief Justice has the power to decide what you can do as an acting Judge.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM5759458.

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110: Appointment of acting Judges of Supreme Court by Chief Justice, or

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Part 5Senior court Judges
Acting Judges

111Appointment of acting Judges of Supreme Court by Governor-General

  1. The Governor-General may, on the advice of the Attorney-General, appoint 1 or more acting Judges of the Supreme Court.

  2. A person is eligible for appointment under subsection (1) if that person is—

  3. a retired Supreme Court Judge; and
    1. under the age of 75 years.

      1. During the term of his or her appointment under subsection (1), an acting Judge of the Supreme Court may only act to the extent authorised by the Chief Justice under subsection (4).

      2. The Chief Justice may authorise an acting Judge to act as a member of the Supreme Court—

      3. to hear and determine any proceedings within a specified period; or
        1. to hear and determine 1 or more specified proceedings.

          1. The Chief Justice may authorise an acting Judge to act as a member of the Supreme Court only if satisfied that—

          2. there is a vacancy in the Supreme Court; or
            1. a Judge of the Supreme Court is for any reason unavailable to hear proceedings or particular proceedings.

              1. An acting Judge is authorised when the Chief Justice gives the Attorney-General a certificate under section 115.

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